Orissa High Court
CRLA/336/2013 on 3 February, 2021
CRLA No.336 of 2013
I.A. No.1230 of 2019
16. 03.02.2021 1. This matter is taken up by video conferencing mode.
2. Heard Mr. B.K. Ragada, learned counsel for the Appellant and
Mr. M.S. Sahu, learned Additional Government Advocate for
State-Respondent.
3. This is a second bail application by the Appellant, who stands convicted under Section 302 of the Indian Penal Code having been charged with infanticide. The conviction by the Trial Court was by a judgment dated 18th July, 2011 in S.T. Case No.24 of 2010. The appeal was filed belatedly in the year 2013. Initially, a bail application was listed before this Court on 6th August, 2014. The reason for its rejection was as follows:
"Looking at the charge against the appellant, at this stage, we are not inclined to grant him bail.
Therefore, the prayer for bail is rejected."
4. The appellant is a woman who lost her husband thirteen years prior to the date of the occurrence. Although there is much to be said on the merits of the case on either side, the fact of the matter is that for the last six years the appeal has been unable to be taken up for final hearing.
5. Considering the present position of the board, it is unlikely that the final hearing of the appeal can be taken up in the immediate future. Considering that the Appellant has already undergone more than ten years' imprisonment, including the under trial period, this Court considers it appropriate to direct that the sentence awarded to the Appellant by the Trial Court shall stand suspended during -2- pendency of the present appeal, subject to satisfaction of the concerned Trial Court.
6. The bail application is accordingly disposed of.
7. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.
( Dr. S. Muralidhar ) Chief Justice (Biswanath Rath) Judge M.K. Rout/A.K. Jena